Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioners.
Summary
The petitioners, Raushan Kumar and Amit Kumar Thakur, were passengers on a bus from which 72 litres of foreign liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, no incriminating material was found on them, and they possessed clean criminal records. The State opposed bail, but the court noted the petitioners had been in custody since 10‑11‑2025 and that Section 103 of the BNSS, 2023 had not been complied with. Considering these circumstances, the court deemed the bail application justified. Consequently, the court ordered their release on bail with a bond of Rs.15,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1690 of 2026
Arising Out of PS. Case No.-918 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
1. Raushan Kumar Son of Manoj Paswan R/o Village - Ukhra, P.S. - Bishanpur,
Dist. - Darbhanga.
2. Amit Kumar Thakur Son of Dukharan Thakur @ Dukhan Thakur R/o
Village - Ukhra, P.S. - Bishanpur, Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Nawada
Excise PS Case No. 918 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 72 liters of
foreign liquor was recovered from the bus.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioner have
got no concern with the alleged recovery of liquor. Learned
Patna High Court CR. MISC. No.1690 of 2026(2) dt.19-01-2026
2/2
counsel for the petitioners submit that the petitioners are the
passengers of the vehicle in question and they have no
knowledge regarding the nature of goods kept in the vehicle.
The petitioners are in custody since 10.11.2025 and have got
clean criminal antecedent. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitionesr.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada Excise PS
Case No. 918 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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